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United States v. Ressam

Docket No.: 07-455
Certiorari Granted: Dec 7 2007
Argued: March 25, 2008
Decided: May 19, 2008

Topics:

Omnibus Crime Control and Safe Streets, National Firearms, Organized Crime Control, Comprehensive Crime Control, or Gun Control Acts, except for RICO (q.v.) portion

PartyNames: United States v. Ahmed Ressam
Petitioner: Ahmed Ressam
Respondent: United States

Court Below: United States Court of Appeals for the Ninth Circuit

Ahmed Ressam
v.
United States
553 U.S. 272 (2008)
Question Presented:

Section 844(h)(2) of Title 18, United States Code, prescribes a mandatory ten-year term of imprisonment for any person who "carries an explosive during the commission of any felony which may be prosecuted in a court of the United States." The question presented is whether Section 844(h)(2) requires that the explosives be carried "in relation to" the underlying felony.

Question:

Does 18 U.S.C. Section 844(h)(2), which prohibits carrying explosives "during the commission of any felony", apply to a defendant convicted of lying to a customs agent because the explosives were not carried "in relation to" the underlying felony?

Holding: judgment reversed
Decision: Decision: 8 votes for United States, 1 vote(s) against
Vote: 8-1
Opinion By:
Read UNITED STATES V. RESSAM opinion (PDF)
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